House File 864 - Enrolled

PAG LIN



  1  1                                             HOUSE FILE 864
  1  2
  1  3                             AN ACT
  1  4 PROVIDING FOR CANDIDATE PHYSICAL ABILITY TESTS FOR FIRE
  1  5    FIGHTER APPLICANTS UNDER THE STATEWIDE FIRE AND POLICE
  1  6    RETIREMENT SYSTEM AND PROVIDING AN EFFECTIVE DATE.
  1  7
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9
  1 10    Section 1.  Section 400.8, subsection 1, Code 2007, is
  1 11 amended to read as follows:
  1 12    1.  The commission, when necessary under the rules,
  1 13 including minimum and maximum age limits, which shall be
  1 14 prescribed and published in advance by the commission and
  1 15 posted in the city hall, shall hold examinations for the
  1 16 purpose of determining the qualifications of applicants for
  1 17 positions under civil service, other than promotions, which
  1 18 examinations shall be practical in character and shall relate
  1 19 to matters which will fairly test the mental and physical
  1 20 ability of the applicant to discharge the duties of the
  1 21 position to which the applicant seeks appointment.  The
  1 22 physical examination of applicants for appointment to the
  1 23 positions of police officer, police matron, or fire fighter
  1 24 shall be held in accordance with medical protocols established
  1 25 by the board of trustees of the fire and police retirement
  1 26 system established by section 411.5 and shall be conducted in
  1 27 accordance with the directives of the board of trustees.  In
  1 28 addition, applicants for appointment to the position of fire
  1 29 fighter covered under the fire and police retirement system
  1 30 established by chapter 411 shall, prior to appointment, pay
  1 31 for and successfully complete the candidate physical ability
  1 32 test established by international organizations representing
  1 33 fire chiefs and fire fighters and conducted by an organization
  1 34 licensed by such international organizations to conduct the
  1 35 test in the state.  The department of public safety shall have
  2  1 the authority to adopt rules in accordance with chapter 17A
  2  2 concerning the candidate physical ability test as provided by
  2  3 this subsection.  However, the prohibitions of section 216.6,
  2  4 subsection 1, paragraph "d", regarding tests for the presence
  2  5 of the antibody to the human immunodeficiency virus shall not
  2  6 apply to such examinations.  The board of trustees may change
  2  7 the medical protocols at any time the board so determines.
  2  8 The physical examination of an applicant for the position of
  2  9 police officer, police matron, or fire fighter shall be
  2 10 conducted after a conditional offer of employment has been
  2 11 made to the applicant.  An applicant shall not be
  2 12 discriminated against on the basis of height, weight, sex, or
  2 13 race in determining physical or mental ability of the
  2 14 applicant.  Reasonable rules relating to strength, agility,
  2 15 and general health of applicants shall be prescribed.  The
  2 16 costs of the physical examination required under this
  2 17 subsection shall be paid from the trust and agency fund of the
  2 18 city.
  2 19    Sec. 2.  EFFECTIVE DATE.  This Act takes effect July 1,
  2 20 2008.
  2 21
  2 22
  2 23                                                             
  2 24                               PATRICK J. MURPHY
  2 25                               Speaker of the House
  2 26
  2 27
  2 28                                                             
  2 29                               JOHN P. KIBBIE
  2 30                               President of the Senate
  2 31
  2 32    I hereby certify that this bill originated in the House and
  2 33 is known as House File 864, Eighty=second General Assembly.
  2 34
  2 35
  3  1                                                             
  3  2                               MARK BRANDSGARD
  3  3                               Chief Clerk of the House
  3  4 Approved                , 2007
  3  5
  3  6
  3  7                            
  3  8 CHESTER J. CULVER
  3  9 Governor